2005 Nevada Revised Statutes - Chapter 586 — Pesticides; Dangerous Caustic or Corrosive Substances

CHAPTER 586 - PESTICIDES; DANGEROUS CAUSTICOR CORROSIVE SUBSTANCES

PESTICIDES

NRS 586.010 Shorttitle.

NRS 586.020 Definitions.

NRS 586.030 Activeingredient defined.

NRS 586.040 Adulterateddefined.

NRS 586.050 Antidotedefined.

NRS 586.052 Branddefined.

NRS 586.053 Certifiedapplicator defined.

NRS 586.055 Defoliantdefined.

NRS 586.057 Desiccantdefined.

NRS 586.060 Devicedefined.

NRS 586.071 Directordefined.

NRS 586.090 Fungidefined.

NRS 586.100 Fungicidedefined.

NRS 586.110 Herbicidedefined.

NRS 586.120 Ingredientstatement defined.

NRS 586.130 Inertingredient defined.

NRS 586.140 Insectdefined.

NRS 586.150 Insecticidedefined.

NRS 586.160 Labeldefined.

NRS 586.170 Labelingdefined.

NRS 586.180 Misbrandeddefined.

NRS 586.185 Nematocidedefined.

NRS 586.186 Nematodedefined.

NRS 586.195 Pesticidedefined.

NRS 586.197 Plantregulator defined.

NRS 586.200 Registrantdefined.

NRS 586.205 Restricted-usepesticide defined.

NRS 586.210 Rodenticidedefined.

NRS 586.220 Weeddefined.

NRS 586.230 Jurisdictionof Director.

NRS 586.250 Registrationof brands of pesticides with Director; renewal.

NRS 586.260 Registrantsstatement: Contents; renewal of registration.

NRS 586.270 Feefor registration: Amount established by regulation; deposit and use ofproceeds.

NRS 586.280 Submissionof formula for pesticide to Director; registration of article by Director.

NRS 586.290 Noticeto registrant of failure of compliance of article for registration; effect ofregistration on commission of offense.

NRS 586.300 Registrationnot required for interplant shipments.

NRS 586.310 Determinationby Director: Identification of pests; toxicity of pesticides; standards ofcoloring.

NRS 586.330 Adoptionof standards prescribed by United States Environmental Protection Agency.

NRS 586.335 Eliminationof dangerous, nonbeneficial or misrepresented pesticides; program forevaluation of pesticides.

NRS 586.339 Cancellation,refusal or suspension of registration of brand of pesticide.

NRS 586.350 Unlawfuldistribution, sale or transportation of pesticide: Unregistered brand;pesticide that differs from its registration.

NRS 586.360 Sale or distribution of pesticide without required container and labeling unlawful.

NRS 586.370 Sale or distribution of pesticide containing substance highly toxic to man: Additionalinformation required on label.

NRS 586.380 Sale or distribution of certain pesticides unlawful unless colored or discolored;exemption.

NRS 586.390 Sale or distribution of adulterated or misbranded pesticide unlawful.

NRS 586.400 Detachmentof labels or addition or removal of substances from pesticide unlawful.

NRS 586.401 Regulationsof Director: General authority; application, distribution and criteria forclassification of restricted-use pesticides.

NRS 586.403 Restricted-usepesticides: Regulations governing use; permits.

NRS 586.405 Restricted-usepesticides: Permit authorizing special use.

NRS 586.406 Restricted-usepesticides: Registration of seller; registration fee established by regulation;records and monthly reports.

NRS 586.4065 Restricted-usepesticides: Denial, suspension or revocation of sellers registration.

NRS 586.407 Restricted-usepesticides: Unlawful sale or delivery.

NRS 586.409 Restricted-usepesticides: Unlawful application.

NRS 586.410 Disclosureof information relative to formulas unlawful; exceptions.

NRS 586.420 Exclusionsfrom violations.

NRS 586.430 Enforcement:Duties of Director and district attorney.

NRS 586.440 Seizurefor confiscation of nonregistered, adulterated or misbranded pesticides anddevices: Libel for condemnation; disposal by destruction or sale.

NRS 586.450 Penalties.

DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHERSUBSTANCES

NRS 586.460 Dangerouscaustic or corrosive substance defined.

NRS 586.470 Misbrandedparcel, package or container defined.

NRS 586.480 Sale of dangerous caustic or corrosive substance for household use in misbranded parcel,package or container prohibited.

NRS 586.490 Misbrandeddangerous caustic or corrosive substance may be proceeded against in Justice Court; condemnation, destruction or sale; disposition of sale proceeds.

NRS 586.500 Enforcementby Commissioner of Food and Drugs; approval and registration of brands andlabels.

NRS 586.510 Dutiesof district attorney.

NRS 586.520 Penalty.

_________

PESTICIDES

NRS 586.010 Shorttitle. NRS586.010 to 586.450, inclusive, maybe cited as the Nevada Pesticides Act.

[1:269:1955](NRS A 1971, 1133; 1975, 187)

NRS 586.020 Definitions. As used in NRS 586.010to 586.450, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 586.030 to 586.220, inclusive, have the meaningsascribed to them in those sections.

[Part 2:269:1955](NRS A 1971, 1133; 1975, 187; 1993,1775; 1999, 3716;2003, 613)

NRS 586.030 Activeingredient defined. Active ingredient meansin the case of:

1. A pesticide, other than a plant regulator,defoliant or desiccant, an ingredient which will prevent, destroy, repel ormitigate insects, nematodes, fungi, rodents, weeds or other pests.

2. A plant regulator, an ingredient which, throughphysiological action, will accelerate or retard the rate of growth or rate ofmaturation or otherwise alter the behavior of ornamental or crop plants or theproduce thereof.

3. A defoliant, an ingredient which will cause theleaves or foliage to drop from a plant.

4. A desiccant, an ingredient which will artificiallyaccelerate the drying of plant tissue.

[Part 2:269:1955](NRS A 1971, 1134)

NRS 586.040 Adulterateddefined. Adulterated shall apply to any pesticideif its strength or purity falls below the professed standard or quality as expressedon labeling or under which it is sold, or if any substance has been substitutedwholly or in part for the article, or if any valuable constituent of thearticle has been wholly or in part abstracted.

[Part 2:269:1955](NRS A 1971, 1134)

NRS 586.050 Antidotedefined. Antidote means the most practicalimmediate treatment in case of poisoning and includes first aid treatment.

[Part 2:269:1955]

NRS 586.052 Branddefined. Brand means any and all words,terms, designs or trademarks used in connection with a pesticide.

(Added to NRS by 2003, 613)

NRS 586.053 Certifiedapplicator defined. Certified applicatormeans any person who is certified by the Director as qualified to use orsupervise the use of any restricted-use pesticide.

(Added to NRS by 1975, 186; A 1977, 312; 1993, 1775; 1999, 3716)

NRS 586.055 Defoliantdefined. Defoliant means any substance ormixture of substances intended for causing the leaves or foliage to drop from aplant, with or without causing abscission.

(Added to NRS by 1971, 1131)

NRS 586.057 Desiccantdefined. Desiccant means any substance ormixture of substances intended for artificially accelerating the drying ofplant tissues.

(Added to NRS by 1971, 1131)

NRS 586.060 Devicedefined. Device means any instrument orcontrivance intended for trapping, destroying, repelling or mitigating insectsor rodents, or destroying, repelling or mitigating fungi or weeds, or suchother pests as designated by the Director. The term does not include equipmentused for the application of pesticides when sold separately therefrom.

[Part 2:269:1955](NRS A 1971, 1134; 1993, 1775; 1999, 3716)

NRS 586.071 Directordefined. Director means the Director of theState Department of Agriculture.

(Added to NRS by 1999, 3716)

NRS 586.090 Fungidefined. Fungi means allnon-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearingplants of a lower order than mosses and liverworts) as, for example, rusts,smuts, mildews, molds, yeasts and bacteria, except those on or in living man orother animals.

[Part 2:269:1955]

NRS 586.100 Fungicidedefined. Fungicide means any substance ormixture of substances intended for preventing, destroying, repelling ormitigating any fungi.

[Part 2:269:1955]

NRS 586.110 Herbicidedefined. Herbicide means any substance ormixture of substances intended for preventing, destroying, repelling ormitigating any weed.

[Part 2:269:1955]

NRS 586.120 Ingredientstatement defined. Ingredient statementmeans either:

1. A statement of the name and amount by percentage ofweight of each active ingredient, together with the total amount by percentageof weight of the inert ingredients, in the pesticide; or

2. A statement of the name of each active ingredient,together with the name of each and total amount by percentage of weight of theinert ingredients, if any there be, in the pesticide (except subsection 1 shallapply if the preparation is highly toxic to man, determined as provided in NRS 586.310).

In addition tosubsections 1 and 2, in case the pesticide contains arsenic, lead or mercury inany form, a statement of the percentages of weights of total and water-solublearsenic, lead or mercury, each calculated as elemental arsenic, lead or mercury.

[Part 2:269:1955](NRS A 1961, 567; 1963, 30; 1971,1134)

NRS 586.130 Inertingredient defined. Inert ingredient meansan ingredient which is not an active ingredient.

[Part 2:269:1955]

NRS 586.140 Insectdefined. Insect means any of the numeroussmall invertebrate animals generally having the body more or less obviouslysegmented, for the most part belonging to the class Insecta, comprisingsix-legged, usually winged forms, as, for example, beetles, bugs, bees, flies,and to other allied classes of arthropods whose members are wingless andusually have more than 6 legs, as, for example, spiders, mites, ticks,centipedes and wood lice.

[Part 2:269:1955]

NRS 586.150 Insecticidedefined. Insecticide means any substance ormixture of substances intended for preventing, destroying, repelling ormitigating any insects which may be present in any environment whatever.

[Part 2:269:1955]

NRS 586.160 Labeldefined. Label means the written, printed orgraphic matter on or attached to the pesticide or device, or the immediatecontainer thereof, and the outside container or wrapper of the retail package,if any there be, of the pesticide or device.

[Part 2:269:1955](NRS A 1971, 1135)

NRS 586.170 Labelingdefined. Labeling means all labels and otherwritten, printed or graphic matter:

1. Upon the pesticide or device or any of itscontainers or wrappers;

2. Accompanying the pesticide or device at any time;or

3. To which reference is made on the label or inliterature accompanying the pesticide or device, except when accurate,nonmisleading reference is made to current official publications of the UnitedStates Departments of Agriculture or Interior, the United States Public HealthService, state experiment stations, state agricultural colleges, or othersimilar federal institutions or official agencies of this state or other statesauthorized by law to conduct research in the field of pesticides.

[Part 2:269:1955](NRS A 1971, 1135)

NRS 586.180 Misbrandeddefined. Misbranded shall apply:

1. To any pesticide or device if its labeling bearsany statement, design or graphic representation relative thereto or to itsingredients which is false or misleading in any particular.

2. To any pesticide:

(a) If it is an imitation of, or is offered for saleunder the name of, another pesticide;

(b) If its labeling bears any reference to registrationunder NRS 586.010 to 586.450, inclusive;

(c) If the labeling accompanying it does not containinstructions for use which are necessary and, if complied with, adequate forthe protection of the public;

(d) If the label does not contain a warning or cautionstatement which may be necessary and, if complied with, adequate to preventinjury to living man and other vertebrate animals;

(e) If the label does not bear an ingredient statementon that part of the immediate container and on the outside container orwrapper, if there be one through which the ingredient statement on theimmediate container cannot be clearly read, of the retail package which ispresented or displayed under customary conditions of purchase;

(f) If any word, statement or other informationrequired by or under the authority of NRS586.010 to 586.450, inclusive, toappear on the labeling is not prominently placed thereon with suchconspicuousness (as compared with other words, statements, designs, or graphicmatter in the labeling) and in such terms as to render it likely to be read andunderstood by the ordinary individual under customary conditions of purchaseand use;

(g) If in the case of a pesticide, when used asdirected, or in accordance with commonly recognized practice, it shall beinjurious to living man or other vertebrate animals or vegetation, exceptweeds, to which it is applied, or to the person applying such pesticide; or

(h) If in the case of a plant regulator, defoliant ordesiccant, when used as directed, it shall be injurious to man or othervertebrate animals, or vegetation to which it is applied; but physical orphysiological effects on plants or parts thereof shall not be deemed to beinjury when this is the purpose for which the plant regulator, defoliant ordesiccant was applied, in accordance with the label claims and recommendations.

[Part 2:269:1955](NRS A 1971, 1135)

NRS 586.185 Nematocidedefined. Nematocide means any substance ormixture of substances intended for preventing, destroying, repelling ormitigating nematodes.

(Added to NRS by 1971, 1131)

NRS 586.186 Nematodedefined. Nematode means invertebrate animalsof the phylum nemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform or sac-like bodies covered with cuticle, andinhabiting soil, water, plants or plant parts, also called nemas or eelworms.

(Added to NRS by 1971, 1131)

NRS 586.195 Pesticidedefined. Pesticide includes, but is notlimited to:

1. Any substance or mixture of substances, includingany living organisms, any product derived therefrom and any fungicide,herbicide, insecticide, nematocide and rodenticide, intended to prevent,destroy, control, repel, attract or mitigate any insect, rodent, nematode,snail, slug, fungus, weed and any other form of plant or animal life or virus,except a virus on or in living humans or other animals, which is normallyconsidered to be a pest or which the Director declares to be a pest.

2. Any substance or mixture of substances intended tobe used as a plant regulator, defoliant, desiccant, and any other substanceintended for that use as named by the Director by regulation.

[Part 2:269:1955](NRS A 1961, 567; 1971, 1134; 1993,1775; 1999, 3716)

NRS 586.197 Plantregulator defined. Plant regulator meansany substance or mixture of substances, intended through physiological action,for accelerating or retarding the rate of growth or rate of maturation, or forotherwise altering the behavior of ornamental or crop plants or the producethereof, but shall not include substances to the extent that they are intendedas plant nutrients, trace elements, nutritional chemicals, plant inoculants andsoil amendments.

(Added to NRS by 1971, 1131)

NRS 586.200 Registrantdefined. Registrant means the person registeringany brand of pesticide pursuant to the provisions of NRS 586.010 to 586.450, inclusive.

[Part 2:269:1955](NRS A 1971, 1136; 2003, 613)

NRS 586.205 Restricted-usepesticide defined. Restricted-use pesticidemeans any pesticide, including any highly toxic pesticide, which:

1. The Director has determined after a hearing, to be:

(a) Injurious to persons, pollinating insects, bees,animals, crops or land, other than pests or vegetation it is intended toprevent, destroy, control or mitigate; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety; or

2. Has been classified for restricted use by or underthe supervision of a certified applicator in accordance with the FederalEnvironmental Pesticide Control Act, 7 U.S.C. 136 et seq.

(Added to NRS by 1971, 1131; A 1975, 187; 1977, 312;1993, 1776; 1999,3717)

NRS 586.210 Rodenticidedefined. Rodenticide means any substance ormixture of substances intended for preventing, destroying, repelling ormitigating rodents or any other vertebrate animal which the Director declaresto be a pest.

[Part 2:269:1955](NRS A 1993, 1776; 1999, 3717)

NRS 586.220 Weeddefined. Weed means any plant which growswhere not wanted.

[Part 2:269:1955]

NRS 586.230 Jurisdictionof Director. Jurisdiction in all matterspertaining to the distribution, sale and transportation of pesticides anddevices is, pursuant to NRS 586.010 to 586.450, inclusive, vested exclusively inthe Director.

[13:269:1955](NRS A 1961, 568; 1971, 1136; 1993,1776; 1999, 3717)

NRS 586.250 Registrationof brands of pesticides with Director; renewal. Eachbrand of pesticide which is distributed, sold or offered for sale within thisstate, or delivered for transportation or transported in intrastate commerce orbetween points within this state through any point outside this state, must beregistered in the office of the Director. Such a registration of a brand ofpesticide must be renewed annually.

[Part 4:269:1955](NRS A 1961, 568; 1971, 1136; 1993,1776; 1999, 3717;2003, 614)

NRS 586.260 Registrantsstatement: Contents; renewal of registration.

1. The registrant shall file with the Director astatement including:

(a) The name and address of the registrant and the nameand address of the person whose name will appear on the label, if other thanthe registrant.

(b) The brand of the pesticide.

(c) A complete copy of the labeling accompanying thebrand of pesticide and a statement of all claims to be made for it, includingdirections for use.

(d) If requested by the Director, a full description ofthe tests made and the results thereof upon which the claims are based.

2. In the case of the renewal of registration, astatement is required only with respect to information which is different fromthe information that was furnished when the brand of pesticide was registeredor last reregistered.

[Part 4:269:1955](NRS A 1961, 568; 1971, 1136; 1993,1776; 1999, 3717;2003, 614)

NRS 586.270 Feefor registration: Amount established by regulation; deposit and use ofproceeds.

1. A registrant shall pay an annual registration feein an amount established by regulation of the Director for each brand ofpesticide registered.

2. The Director shall, for each annual registrationfee he collects, deposit in a separate account the amount established for thatpurpose by regulation of the Director. The money deposited in the account mustbe used:

(a) For the disposal of pesticides;

(b) To monitor pesticides;

(c) To protect groundwater and surface water fromcontamination by pesticides; and

(d) For the eradication and control of noxious weeds.

3. A registrant who offers a pesticide for sale beforeregistering the brand of pesticide shall pay an amount equal to twice theregistration fee for registering the brand of pesticide.

4. As used in this section, noxious weed has themeaning ascribed to it in NRS 555.005.

[Part 4:269:1955](NRS A 1960, 32; 1961, 568; 1963,30; 1971, 118, 1137; 1977, 261; 1983, 405; 1993, 1193, 1777; 1995, 579; 1999, 3600, 3718; 2003, 614; 2005, 935)

NRS 586.280 Submissionof formula for pesticide to Director; registration of article by Director.

1. If the Director deems it necessary in theadministration of NRS 586.010 to 586.450, inclusive, he may require thesubmission of the complete formula of any pesticide.

2. If it appears to the Director that the compositionof the article is such as to warrant the proposed claims for it, and if thearticle and its labeling and other material required to be submitted complywith the requirements of NRS 586.350 to 586.410, inclusive, he shall register thearticle.

[Part 4:269:1955](NRS A 1961, 568; 1971, 1137; 1993,1777; 1999, 3718)

NRS 586.290 Noticeto registrant of failure of compliance of article for registration; effect ofregistration on commission of offense.

1. If it does not appear to the Director that thearticle is such as to warrant the proposed claims for it, or if the article andits labeling and other material required to be submitted do not comply with theprovisions of NRS 586.010 to 586.450, inclusive, he shall notify theregistrant of the manner in which the article, labeling or other materialrequired to be submitted fails to comply with NRS586.010 to 586.450, inclusive, toallow him an opportunity to make the necessary corrections.

2. The registration of an article is not a defense forthe commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

[Part 4:269:1955](NRS A 1961, 569; 1965, 32; 1971,1137; 1993, 1777; 1999,3718)

NRS 586.300 Registrationnot required for interplant shipments. Notwithstandingany other provision of NRS 586.010 to 586.450, inclusive, registration is notrequired in the case of a pesticide shipped from one plant within this state toanother plant within this state operated by the same person.

[Part 4:269:1955](NRS A 1971, 1137)

NRS 586.310 Determinationby Director: Identification of pests; toxicity of pesticides; standards ofcoloring. The Director may, after providing anopportunity for a hearing:

1. Declare as a pest any form of plant life or animallife or virus which is injurious to plants, humans, domestic animals, articlesor substances.

2. Determine whether pesticides are highly toxic tohumans.

3. Determine standards of coloring or discoloring forpesticides, and to subject pesticides to the requirements of NRS 586.380.

[Part 5:269:1955](NRS A 1961, 569; 1971, 1137; 1993,1777; 1999, 3718)

NRS 586.330 Adoptionof standards prescribed by United States Environmental Protection Agency. To avoid confusion endangering the public health resultingfrom diverse requirements, particularly as to the labeling and coloring ofpesticides, and to avoid increased costs to the residents of this state becauseof the necessity of complying with diverse requirements in the manufacture andsale of pesticides, it is desirable that there be uniformity between therequirements of the several states and the Federal Government relating topesticides. To this end the Director may, after a public hearing, adopt suchregulations applicable to and in conformity with the primary standardsestablished by NRS 586.010 to 586.450, inclusive, as have been or may beprescribed by the United States Environmental Protection Agency with respect topesticides.

[Part 5:269:1955](NRS A 1961, 569; 1971, 1138; 1987,94; 1993, 1777; 1999,3718)

NRS 586.335 Eliminationof dangerous, nonbeneficial or misrepresented pesticides; program forevaluation of pesticides.

1. The Director shall endeavor to eliminate from usein this state any pesticide:

(a) Which endangers the agricultural or nonagriculturalenvironment;

(b) Which is not beneficial for the purposes for whichit is sold; or

(c) Which is misrepresented.

2. In carrying out this responsibility, he shalldevelop an orderly program for the continuous evaluation of all pesticides thebrands of which have actually been registered.

(Added to NRS by 1971, 1131; A 1993, 1778; 1999, 3719; 2003, 614)

NRS 586.339 Cancellation,refusal or suspension of registration of brand of pesticide.

1. Pursuant to NRS586.335, the Director may, after a hearing, cancel the registration of, orrefuse to register, any brand of pesticide if:

(a) The pesticide has demonstrated seriousuncontrollable adverse effects within or outside the agricultural environment.

(b) The use of the pesticide is of less public value orgreater detriment to the environment than the benefit received by its use.

(c) There is a reasonably effective and practicablealternate material or procedure to the pesticide which is demonstrably lessdestructive to the environment.

(d) The pesticide, when properly used, is detrimentalto:

(1) Vegetation, except weeds;

(2) Domestic animals; or

(3) Public health and safety.

(e) The pesticide is of little or no value for thepurpose for which it is intended.

(f) Any false or misleading statement concerning thepesticide is made or implied by the registrant or his agent, orally or inwriting, or in the form of any advertising literature.

2. In making any such determination, the Director mayrequire such practical demonstrations as are necessary to determine the facts.

3. If the Director has a reason to believe that any ofthe conditions stated in subsection 1 are applicable to any pesticide the brandof which is registered and that the use or continued use of the pesticideconstitutes an immediate substantial danger to persons or to the environment,he may, after notice to the registrant, suspend the registration of the brandof pesticide pending a hearing and final decision.

(Added to NRS by 1971, 1132; A 1993, 1778; 1999, 3719; 2003, 614)

NRS 586.350 Unlawfuldistribution, sale or transportation of pesticide: Unregistered brand;pesticide that differs from its registration. Itis unlawful for any person to distribute, sell or offer for sale within thisstate, or deliver for transportation or transport in intrastate commerce orbetween points within this state through any point outside this state, anypesticide the brand of which has not been registered pursuant to the provisionsof NRS 586.250 to 586.300, inclusive, or any pesticide if anyof the claims made for it or any of the directions for its use differ insubstance from the representations made in connection with its registration, orif the composition of a pesticide differs from its composition as representedin connection with its registration, except that, in the discretion of theDirector, a change in the labeling or formula of a pesticide may be made withina registration period without requiring reregistration of the brand ofpesticide.

[Part 3:269:1955](NRS A 1961, 570; 1971, 1138; 1993,1778; 1999, 3719;2003, 615)

NRS 586.360 Saleor distribution of pesticide without required container and labeling unlawful. It is unlawful for any person to distribute, sell or offerfor sale within this state, or deliver for transportation or transport inintrastate commerce or between points within this state through any pointoutside this state, any pesticide unless it is in the registrants or themanufacturers unbroken immediate container and there is affixed to thecontainer, and to the outside container or wrapper of the retail package, ifthere is one through which the required information on the immediate containercannot be clearly read, a label bearing:

1. The name and address of the manufacturer,registrant or person for whom manufactured.

2. The brand under which the article is sold.

3. The net weight or measure of the content, subjectto such reasonable variations as the Director may permit.

[Part 3:269:1955](NRS A 1971, 1138; 1993, 1779; 1999, 3720; 2003, 615)

NRS 586.370 Saleor distribution of pesticide containing substance highly toxic to man:Additional information required on label. Itshall be unlawful for any person to distribute, sell or offer for sale withinthis State or deliver for transportation or transport in intrastate commerce orbetween points within this State through any point outside this State anypesticide which contains any substance or substances in quantities highly toxicto man, determined as provided in NRS586.310, unless the label shall bear, in addition to any other matterrequired by NRS 586.010 to 586.450, inclusive:

1. The skull and crossbones.

2. The word poison prominently, in red, on abackground of distinctly contrasting color.

3. A statement of an antidote for the pesticide.

[Part 3:269:1955](NRS A 1971, 1138)

NRS 586.380 Saleor distribution of certain pesticides unlawful unless colored or discolored;exemption.

1. It is unlawful for any person to distribute, sellor offer for sale within this State, or deliver for transportation or transportin intrastate commerce or between points within this State through any pointoutside this State, the pesticides commonly known as standard lead arsenate,basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zincarsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate,and those containing mercurial compounds, unless they have been distinctlycolored or discolored as provided by the regulations adopted in accordance withthe provisions of NRS 586.010 to 586.450, inclusive, or any other whitepowder pesticide which the Director, after investigation of and after publichearing on the necessity for such action for the protection of the publichealth and the feasibility of the coloration or discoloration, by regulationrequires to be distinctly colored or discolored, unless it has been so coloredor discolored.

2. The Director may exempt any pesticide to the extentthat it is intended for a particular use from the coloring or discoloringrequired or authorized by this section if he determines that the coloring ordiscoloring for that use is not necessary to protect the public health.

[Part 3:269:1955](NRS A 1961, 570; 1971, 1139; 1993,1779; 1999, 3720)

NRS 586.390 Saleor distribution of adulterated or misbranded pesticide unlawful. It shall be unlawful for any person to distribute, sell oroffer for sale within this state or deliver for transportation or transport inintrastate commerce or between points within this state through any pointoutside this state any pesticide which is adulterated or misbranded or anydevice which is misbranded.

[Part 3:269:1955](NRS A 1971, 1139)

NRS 586.400 Detachmentof labels or addition or removal of substances from pesticide unlawful. It shall be unlawful for any person to detach, alter, defaceor destroy, in whole or in part, any label or labeling provided for in NRS 586.010 to 586.450, inclusive, or regulationspromulgated thereunder, or to add any substance to, or take any substance from,a pesticide in a manner that may defeat the purpose of NRS 586.010 to 586.450, inclusive.

[Part 3:269:1955](NRS A 1971, 1139)

NRS 586.401 Regulationsof Director: General authority; application, distribution and criteria forclassification of restricted-use pesticides.

1. The Director shall adopt regulations governing theapplication and distribution of any pesticides which he finds must necessarilybe applied in pest control but which unless carefully used are likely to be:

(a) Injurious to persons, pollinating insects, bees,animals, crops or land, other than the pest or vegetation it is intended toprevent, destroy, control or mitigate; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety.

2. The Director in classifying pesticides as restricted-usepesticides shall determine if:

(a) They are highly toxic to humans or other animals,including wildlife.

(b) The regulations governing their application anddistribution are reasonably calculated to avoid injury and are necessary fortheir proper use.

(c) The benefit received from their use is of greaterpublic value than a detriment to the environment, public health and safety.

(d) They can be used by permit for purposes other thantheir registered purposes.

3. The Director may adopt such other rules andregulations as are necessary to carry out the provisions of this chapter,including, but not limited to:

(a) The collection and examination of pesticides.

(b) The use of certain types of containers or packagesfor specific pesticides, applicable to construction, strength or size to avoidthe danger of spillage, breakage or misuse.

(c) The safe handling, transportation, storage,display, distribution and disposal of pesticides and their containers.

(d) The information to be recorded and maintained ofthe sale, use and distribution of pesticides classified for restricted use.

(Added to NRS by 1971, 1132; A 1975, 188; 1993, 1779;1999, 3720)

NRS 586.403 Restricted-usepesticides: Regulations governing use; permits.

1. The regulations governing the use of restricted-usepesticides may:

(a) Provide the time when and the conditions underwhich they may be used in this State.

(b) Prohibit their use in areas of this State.

(c) Provide that they shall be used only under a permitfor each application; and the permit may set forth the time, conditions,quantity and concentration of its use.

2. Every permit which is issued under the regulationsadopted pursuant to this section is conditioned upon compliance with suchregulations and upon such other specified conditions as may be deemed necessaryto avoid injury.

3. Any permit may be refused, revoked or suspended forviolation of any of the conditions of such permit, or for violation of anyprovisions of NRS 586.010 to 586.450, inclusive, or the regulationsadopted pursuant to such sections.

(Added to NRS by 1971, 1133)

NRS 586.405 Restricted-usepesticides: Permit authorizing special use.

1. The Director may issue a special use permitauthorizing the use of a pesticide for a purpose other than that for which itis registered. The permit must set forth:

(a) The name and dosage rate of the pesticide or othermaterial to be used.

(b) The type of pest to be controlled.

(c) The crop or property to be treated.

2. The special use permit may limit the time,quantity, area and manner of application.

(Added to NRS by 1971, 1133; A 1993, 1780; 1999, 3721)

NRS 586.406 Restricted-usepesticides: Registration of seller; registration fee established by regulation;records and monthly reports.

1. It is unlawful for any person to sell or offer tosell at the retail level or distribute or deliver for transportation fordelivery to the consumer or user a pesticide classified for restricted usepursuant to NRS 586.401 or the FederalEnvironmental Pesticide Control Act, 7 U.S.C. 136 et seq., unless he isregistered with the Director.

2. Each person applying for registration must providea statement including:

(a) The name and address of the person registering; and

(b) The name and address of any person who, on behalfof the person registering, sells, offers to sell, distributes or delivers fortransportation a restricted-use pesticide.

3. All registrations expire on December 31 and arerenewable annually.

4. Each person registering shall pay:

(a) An annual registration fee established byregulation of the State Board of Agriculture; and

(b) A penalty fee of $5 if his previous registrationhas expired by the failure to reregister on or before February 1, unless hisregistration is accompanied by a signed statement that no person named on theregistration statement has sold or distributed any restricted-use pesticidesduring the year the registration was not in effect.

5. Each person who is registered shall maintain for 2years a record of all sales of restricted-use pesticides showing:

(a) The date of sale or delivery;

(b) The name and address of the person to whom sold ordelivered;

(c) The brand name of the pesticide product;

(d) The amount of pesticide product sold or delivered;

(e) The certification number of the certifiedapplicator who is applying or supervising the application of the pesticide ifthe purchaser of the pesticide is not certified to apply the pesticide; and

(f) Such other information as may be required by theDirector.

6. Each person registered pursuant to this sectionshall, on or before the 15th day of each month, file a report with the Directorspecifying the restricted-use pesticides sold during the previous month. TheDirector shall provide the form for the report. The form must be filedregardless of whether the person sold any pesticides during the previous month.

(Added to NRS by 1975, 186; A 1993, 1194, 1780; 1995,579; 1999, 3600, 3721)

NRS 586.4065 Restricted-usepesticides: Denial, suspension or revocation of sellers registration. The Director may refuse to grant or renew a registrationunder NRS 586.406 or may suspend orrevoke the registration if, after notice and a hearing, he is satisfied that:

1. The person registered has, without reasonablecause, failed to record information as required by NRS 586.406 or a regulation adopted by theDirector;

2. The person registered has made a fictitious orfalse entry in the required records; or

3. The applicant has made sales or delivery ofrestricted-use pesticides without registering with the Director.

(Added to NRS by 1975, 186; A 1993, 1781; 1999, 3722)

NRS 586.407 Restricted-usepesticides: Unlawful sale or delivery. It isunlawful for any person to sell or deliver any restricted-use pesticide to anyperson who is required by the regulations adopted by the Director to have apermit to use that material, unless the person or his agent to whom delivery ismade signs a written statement in a form prescribed by the Director statingthat the person holds a valid permit to use the kind and quantity of therestricted-use pesticide which is delivered.

(Added to NRS by 1971, 1133; A 1993, 1781; 1999, 3722)

NRS 586.409 Restricted-usepesticides: Unlawful application. It shall beunlawful for any person to apply any restricted-use pesticide for whichregulations have been adopted, except as provided in such regulations.

(Added to NRS by 1971, 1133)

NRS 586.410 Disclosureof information relative to formulas unlawful; exceptions. It is unlawful for any person to use for his ownadvantage, or to reveal, other than to the Director or proper officers oremployees of the State, or to the courts of this State in response to asubpoena, or to physicians, or in emergencies to pharmacists and otherqualified persons, for use in the preparation of antidotes, any informationrelating to the formulas of products acquired by authority of NRS 586.280.

[Part 3:269:1955](NRS A 1961, 570; 1993, 1781; 1999, 3722)

NRS 586.420 Exclusionsfrom violations.

1. The penalties provided for violations of NRS 586.350 to 586.390, inclusive, do not apply to:

(a) Any carrier while lawfully engaged in transportinga pesticide within this state, if the carrier, upon request, permits theDirector or his designated agent to copy all records showing the transactionsin and movement of the articles.

(b) Public officers of this state and the FederalGovernment engaged in the performance of their duties.

(c) The manufacturer or shipper of a pesticide forexperimental use only:

(1) By or under the supervision of an agency ofthis state or of the Federal Government authorized by law to conduct researchin the field of pesticides; or

(2) By other persons if the pesticide is notsold and if the container thereof is plainly and conspicuously marked Forexperimental use onlyNot to be sold, together with the manufacturers nameand address, but if a written permit has been obtained from the Director,pesticides may be sold for experimental purposes subject to such restrictionsand conditions as may be set forth in the permit.

2. An article shall not be deemed in violation of theprovisions of NRS 586.010 to 586.450, inclusive, if intended solely forexport to a foreign country and if prepared or packed according to thespecifications or directions of the purchaser. If not so exported, all theprovisions of NRS 586.010 to 586.450, inclusive, apply.

[7:269:1955](NRS A 1961, 570; 1971, 1139; 1993, 1781;1999, 3723; 2003, 616)

NRS 586.430 Enforcement:Duties of Director and district attorney.

1. The examination of pesticides or devices must bemade under the direction of the Director to determine whether they comply withthe requirements of NRS 586.010 to 586.450, inclusive. If it appears from theexamination that a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and the Directorcontemplates instituting criminal proceedings against any person, the Directorshall cause appropriate notice to be given to the person. Any person so notifiedmust be given an opportunity to present his views, orally or in writing, with regardto those contemplated proceedings, and if thereafter in the opinion of theDirector it appears that the provisions of NRS586.010 to 586.450, inclusive, havebeen violated by the person, the Director shall refer the facts to the districtattorney of the county in which the violation occurred with a copy of theresults of the analysis or the examination of the article. The provisions of NRS 586.010 to 586.450, inclusive, do not require theDirector to report any act or failure to act for prosecution or for theinstitution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive, if he believes that thepublic interest will be best served by a suitable notice of warning in writing.

2. Each district attorney to whom any such violationis reported shall cause appropriate proceedings to be instituted and prosecutedin a court of proper jurisdiction without delay.

3. The Director shall, by publication in such manneras he may prescribe, give notice of all judgments entered in actions institutedunder the authority of NRS 586.010 to 586.450, inclusive.

[6:269:1955](NRS A 1961, 571; 1971, 1140; 1993,1782; 1999, 3723;2003, 616)

NRS 586.440 Seizurefor confiscation of nonregistered, adulterated or misbranded pesticides anddevices: Libel for condemnation; disposal by destruction or sale.

1. Any pesticide or device that is distributed, soldor offered for sale within the State of Nevada, or delivered for transportationor transported in intrastate commerce or between points within this statethrough any point outside this state is liable to be proceeded against in anydistrict court in any county of this state where it may be found and seized forconfiscation by process of libel for condemnation:

(a) In the case of a pesticide:

(1) If it is adulterated or misbranded.

(2) If the brand of the pesticide has not beenregistered under the provisions of NRS586.250 to 586.300, inclusive.

(3) If it is a white powder pesticide and is notcolored as required under NRS 586.010 to586.450, inclusive.

(4) If it fails to bear on the label theinformation required by NRS 586.010 to 586.450, inclusive.

(b) In the case of a device, if it is misbranded.

2. If the article is condemned, it must, after theentry of the decree, be disposed of by destruction or sale as the court maydirect, and the proceeds must be paid to the State Treasurer and deposited inthe State General Fund. The article seized must not be sold or destroyedcontrary to the provisions of NRS 586.010to 586.450, inclusive. The article mustnot be sold or destroyed if the owner thereof pays the costs of condemnationand executes a good and sufficient bond conditioned that the article must notbe disposed of unlawfully. The court shall then order that the article condemnedmust be delivered to the owner thereof for relabeling or reprocessing as thecase may be.

3. When a decree of condemnation is entered againstthe article, court costs, fees and storage charges, and other proper expenses,must be awarded against the person, if any, intervening as claimant of thearticle.

[9:269:1955](NRS A 1971, 1141; 2003, 617)

NRS 586.450 Penalties.

1. Any person violating NRS 586.350 shall be guilty of amisdemeanor.

2. Notwithstanding any other provision of thissection, if any person, with intent to defraud, uses or reveals informationrelative to formulas of products acquired under authority of NRS 586.280, he shall be guilty of a grossmisdemeanor.

[8:269:1955]

DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHERSUBSTANCES

NRS 586.460 Dangerouscaustic or corrosive substance defined. Asused in NRS 586.460 to 586.520, inclusive, unless the context orsubject matter otherwise requires, dangerous caustic or corrosive substancemeans each and all of the acids, alkalis and substances named below:

1. Hydrochloric acid andany preparation containing free or chemically unneutralized hydrochloric acid(HCl) in a concentration of 10 percent or more.

2. Sulfuric acid and anypreparation containing free or chemically unneutralized sulfuric acid (H2SO4)in a concentration of 10 percent or more.

3. Nitric acid or anypreparation containing free or chemically unneutralized nitric acid (HNO3)in a concentration of 5 percent or more.

4. Carbolic acid (C6H5OH),otherwise known as phenol, and any preparation containing carbolic acid in aconcentration of 5 percent or more.

5. Oxalic acid and anypreparation containing free or chemically unneutralized oxalic acid (H2C2O4)in a concentration of 10 percent or more.

6. Any salt of oxalic acidand any preparation containing any such salt in a concentration of 10 percentor more.

7. Acetic acid or anypreparation containing free or chemically unneutralized acetic acid (HC2H3O2)in a concentration of 20 percent or more.

8. Hypochlorous acid,either free or combined, and any preparation containing the same in aconcentration so as to yield 10 percent or more by weight of availablechlorine, excluding oxal chlorinata, bleaching powder and chloride of lime.

9. Potassium hydroxide andany preparation containing free or chemically unneutralized potassium hydroxide(KOH), including caustic potash and Vienna paste, in a concentration of 10percent or more.

10. Sodium hydroxide andany preparation containing free or chemically unneutralized sodium hydroxide(NaOH), including caustic soda and lye, in a concentration of 10 percent ormore.

11. Silver nitrate,sometimes known as lunar caustic, and any preparation containing silver nitrate(AgNO3) in a concentration of 5 percent or more.

12. Ammonia water and anypreparation yielding free or chemically uncombined ammonia (NH3),including ammonium hydroxide and hartshorn, in a concentration of 5 percent ormore.

[Part 1:52:1925; NCL 1000]

NRS 586.470 Misbrandedparcel, package or container defined. As usedin NRS 586.460 to 586.520, inclusive, unless the context orsubject matter otherwise requires, misbranded parcel, package or containermeans a retail parcel, package or container of any dangerous caustic orcorrosive substance for household use, not bearing a conspicuous, easilylegible label or sticker, containing:

1. The name of the article.

2. The name and place of business of the manufacturer,packer, seller or distributor.

3. The word poison running parallel with the mainbody of reading matter on the label or sticker, on a clear, plain background ofa distinctly contrasting color, in uncondensed gothic capital letters, theletters to be not less than 24-point size, unless there is on the label orsticker no other type so large, in which event the type shall be not smallerthan the largest type on the label or sticker.

4. Directions for treatment in case of accidentalpersonal injury by the dangerous caustic or corrosive substance.

[Part 1:52:1925; NCL 1000]

NRS 586.480 Saleof dangerous caustic or corrosive substance for household use in misbrandedparcel, package or container prohibited. Noperson shall sell, barter or exchange, or receive, hold, pack, display, oroffer for sale, barter or exchange in the State of Nevada, any dangerouscaustic or corrosive substance in a misbranded parcel, package or container,the parcel, package or container being designed for household use.

[2:52:1925; NCL 1001]

NRS 586.490 Misbrandeddangerous caustic or corrosive substance may be proceeded against in JusticeCourt; condemnation, destruction or sale; disposition of sale proceeds.

1. Any dangerous caustic or corrosive substance in amisbranded parcel, package or container suitable for household use that isbeing sold, bartered or exchanged, or held, displayed or offered for sale,barter or exchange, shall be liable to be proceeded against in any JusticeCourt of the county wherein such sale, barter, exchange, display, offer forsale, barter or exchange shall take place within the jurisdiction of which thesame is found, and if such substance is condemned as misbranded, it shall bedisposed of by destruction or sale, as the court may direct.

2. If sold, the proceeds, less the actual costs andcharges, shall be paid over to the State Treasurer. Such substance shall not besold contrary to the laws of the State.

3. Upon the payment of the costs of such proceedingsand the execution and delivery of a good and sufficient bond to the effect thatsuch substance will not be unlawfully sold or otherwise disposed of, the courtmay by order direct that such substance be delivered to the owner thereof.

[3:52:1925; NCL 1002]

NRS 586.500 Enforcementby Commissioner of Food and Drugs; approval and registration of brands andlabels.

1. The Commissioner of Food and Drugs shall enforcethe provisions of NRS 586.460 to 586.520, inclusive.

2. He is authorized and empowered to approve andregister such brands and labels intended for use under the provisions of NRS 586.460 to 586.520, inclusive, as may be submitted tohim for that purpose and as may in his judgment conform to the requirements of NRS 586.460 to 586.520, inclusive, but in any prosecutionunder NRS 586.460 to 586.520, inclusive, the fact that any brandor label involved in such prosecution has not been submitted to theCommissioner of Food and Drugs for approval, or if submitted has not beenapproved by him, shall be immaterial.

[5:52:1925; NCL 1004]

NRS 586.510 Dutiesof district attorney. Every district attorneyto whom there is presented, or who in any way procures, satisfactory evidenceof any violation of the provisions of NRS586.460 to 586.520, inclusive, shallcause appropriate proceedings to be commenced and prosecuted in the propercourts, without delay, for the enforcement of the penalties provided in NRS 586.520.

[6:52:1925; NCL 1005]

NRS 586.520 Penalty. Any person violating the provisions of NRS 586.460 to 586.510, inclusive, shall be punished by afine of not more than $250.

[4:52:1925; NCL 1003](NRS A 1967, 619; 1979, 1488)

 

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